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Defining "Continuous Service"

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  • 22-05-2013 10:39am
    #1
    jrt123
    Registered Users Posts: 26 ✭


    From nera.ie ... "The Unfair Dismissals Acts enable employees who believe they have been unfairly dismissed to present a claim of unfair dismissal to either a Rights Commissioner or to the Employment Appeals Tribunal.
    The Acts apply to employees over age 16 with at least 12 months’ continuous service"

    I am facing a bit of trouble in work and considering my options but need clarification on '12 months continuous service'. I have only had one employer in the last two years. I was part time initially (only one employer) then got moved to full time in position A... this started January 2012. After 6 months, due to other departments struggling, cost cutting measures were introduced. The employer was looking to save money over the summer months ( a lean period in our business ). Through this process there was a number of redundancies. In June 2012, I was offered a different role, position B, full time again, but to start in September 2012 and was offered a July and August off in 'their' best interests. I'm young enough and had few commitments so was quite happy to take the summer off knowing I had full time work to come back to in September.

    So now, in my new role I have a contract that begins September 2012. I have been with this company since the summer of 2011, but with the latest pre-summer confusion fear they may be trying to remove me and some others.

    Where do I fall on the '12 months continuous service' discussion... :(:(:(


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    #2
    jrt123
    Registered Users Posts: 26 ✭jrt123


    "In addition, if a Rights Commissioner or Tribunal considers that the employment of a person on a series of two or more contracts, between which there was not more than a 26 week break, was for the purpose of avoidance of liability by the employer under the legislation, the various contracts may be added together in calculating the employee's continuous service."

    Think I may have found an answer to my own question.


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    #3
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    Not necessarily - the fact that you were employed in two different roles might be a factor, also the wording of your contract on the new contract comes into play. If you are on a fixed term contract this will also make a difference. To be certain I would recommend you contact your local FLAC or NERA if you are concerned.


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